Coyne v. United Railways Co.

• Decision Date: 27 November 1906
• Citation: Coyne v. United Railways Co., 98 S.W. 110, 121 Mo. App. 114 (Mo. App. 1906)
• Parties: COYNE v. UNITED RAILWAYS CO. OF ST. LOUIS.
• Court: Missouri Court of Appeals

98 S.W. 110

121 Mo. App. 114

COYNE v. UNITED RAILWAYS CO. OF ST. LOUIS.

St. Louis Court of Appeals. Missouri.

November 27, 1906.

Rehearing Denied December 11, 1906.

CARRIERS—INJURIES TO PASSENGERS—PLEADING—VARIANCE.

Plaintiff alleged that, while a passenger on one of defendant's cars, defendant's servants in charge of said car so negligently managed said car as to cause it to sustain violent lurches, and plaintiff to sustain a shock from said car and from the electricity, its motive power. The evidence showed that said car had stopped because a blockade of cars, one of which was derailed; that the servants in charge of the latter car and the car next following, in attempting to replace the derailed car, had caused the outburst of electricity which caused the injury complained of; and that the servants in charge of the car on which plaintiff was a passenger were doing nothing at the time of the accident. Held, that defendant was not liable under the allegations.

Appeal from St. Louis Circuit Court; Wm. Kinsey, Judge.

Action by Anna F. Coyne against the United Railways Company. From a judgment for plaintiff, defendant appeals. Reversed.

Boyle & Priest and Edward Miller, for appellant. A. R. Taylor and Howard Taylor, for respondent.

GOODE, J.

Action for damages for personal injuries. The petition charged that while plaintiff was a passenger on one of defendant's cars on Sixth street and near Wash street, in the city of St. Louis, defendant's servants in charge of said car and appliances for operating the same so negligently managed and controlled said car and appliances as to cause said car to sustain violent and unusual lurches and shocks, and the plaintiff to sustain a violent and unusual shock from said car and from the electricity, its motive power, whereby she was greatly injured upon her spine, body, and limbs, and was permanently shocked and injured in her nervous system and injured internally; and that by said injuries so sustained plaintiff had suffered and would suffer great pain of body and mind, had been disabled from her labor and avocation, and would incur large expenses for medicines, medical attention, and surgical attention and nursing, to her damage in the sum of $10,000, for which she prayed damages. As originally filed, the petition did not contain the words in italics. These were inserted by way of amendment after plaintiff's evidence had been received. The amendment was permitted over the objection of defendant's counsel, who insisted it presented an entirely new issue which they were unprepared to meet. The evidence for plaintiff showed that on the evening of December 5, 1904, she took passage on a car of defendant's Spring avenue line at the corner of Sixth and Locust streets; her destination being the intersection of Dayton and Leffingwell streets. The route of the car was north on Sixth street to Wash, and thence west on Wash. The car proceeded northwardly along Sixth street until it was within a hundred feet of Wash, where it was stopped because of a blockade of cars at the intersection of Sixth and Wash streets. South-bound cars on Sixth street, as well as north-bound cars, turn into Wash street; hence there is a Y at Wash and Sixth formed by curved tracks intended to carry cars from Sixth into Wash. This diagram shows the position of the...